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Bombay High CourtARBAP/46/2016disposed off

Albatross Marine Service v. Chairman And Managing Director And 3 ORS

2016-02-23Hon'Ble Shri Justice S.J. Kathawalla2 pages

arbap 46 of 2016 (943).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.46 OF 2016 Albatross Marine Service ...

Applicant versus The Shipping Corporation of India Ltd. & Ors. ...

Respondents Mr. A. Ghosh i/by Mr. Manoj R. Khatri, for Applicant. Mr. Akshay Kolse Patil i/by M/s. A. Mehta Laljee and Co., for Respondents. CORAM: S.J. KATHAWALLA, J.

DATE: 23rd FEBRUARY, 2016 P.C.:

1.

On 15 th February, 2016, this Court passed the following order : "1.The learned Advocates appearing for the parties have informed the Court that the Court may appoint any Advocate as the sole arbitrator to decide the disputes between the parties arising out of the Agreement dated th June, 2009. The Court proposes to appoint Mr. Vishal Kanade, Advocate. In view thereof, Mr. Vishal Kanade, Advocate shall submit disclosure under Section 11 (8) read with Section 12 (1) of Arbitration and Conciliation Act, 1996.

2. The Advocates for the parties shall forward a copy of this order to Mr. Vishal Kanade, Advocate.

3. All concerned to act on an ordinary copy of this order, duly authenticated by the learned Associate of this Court.

4. Stand over to 22 nd February, 2016.

"

ssp 1/2

arbap 46 of 2016 (943).sxw 2.

Pursuant to the above order, Mr. Vishal Kanade, Advocate has filed disclosure under Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996. The same is taken on record and the following order is passed by consent :

i.

The disputes arising out of the Agreement dated 29 th June, 2009 between the parties are referred to the sole Arbitration of Mr. Vishal Kanade, Advocate. ii.

The parties shall appear before the learned Arbitrator in his chambers, on th February, 2016 at 5.30 p.m. and obtain necessary directions. iii.

The cost of arbitration shall initially be borne by the parties equally. iv.

All contentions of the parties are kept open. v.

The venue of Arbitration shall be at Mumbai.

3.

In view of this order, the above Arbitration Application is disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2